A newly released federal report has confirmed a troubling reality, one that we at Levin & Perconti have encountered far too often in our work with nursing home residents and their families.
The Office of Inspector General (OIG) found widespread misuse of antipsychotic medications in nursing homes, including instances where these powerful drugs are used not for legitimate medical treatment, but to control resident behavior for staff convenience.
This practice raises serious concerns about patient safety, transparency, and the overall standard of care in long-term care facilities.
What the Office of Inspector General Found
The OIG’s findings reflect a pattern of conduct that extends beyond isolated incidents. Among the most concerning conclusions:
- Inappropriate diagnoses: Some nursing homes are diagnosing residents with schizophrenia without sufficient clinical basis. This allows facilities to justify the use of antipsychotic medications while avoiding regulatory scrutiny tied to quality measures.
- Use as behavioral control: Antipsychotic drugs are being administered to residents, particularly those with dementia, not as a last-resort medical intervention, but as a means of managing behavior.
- Failures in oversight: Medical directors, prescribing physicians, and consulting pharmacists are not consistently identifying or preventing inappropriate use of these medications.
Together, these findings suggest systemic issues within certain facilities, where clinical decision-making is influenced by operational convenience rather than patient-centered care.
One of the most concerning aspects of the report is not only the use of these medications, but also how their use is being obscured toward families. By assigning diagnoses that may not be medically appropriate, facilities can remove certain residents from publicly reported quality metrics. The result is a system where reported data may not accurately reflect the care residents are receiving.
How This Medication Misuse Puts Nursing Home Residents in Danger
Antipsychotic medications carry well-documented risks, particularly for elderly individuals. These risks include:
- Increased risk of stroke
- Greater likelihood of falls and related injuries
- Elevated mortality risk in patients with dementia
Because of these risks, federal guidelines are clear: These medications should only be used when clinically necessary, and after safer, non-pharmacological interventions have been attempted.
The OIG’s report indicates that, in many cases, these standards are not being followed.
Managing Partner, Mike Bonamarte, commented on the OIG’s recent findings, “We see the consequences of this conduct in our nursing home abuse cases. Antipsychotic medications are powerful drugs with known risks, and using them as a substitute for proper care places vulnerable residents in harm’s way. Facilities that engage in these practices must be held accountable.”
An Experienced Nursing Home Abuse Attorney's Perspective
Unfortunately, the conduct described in the recent OIG report is not new. It is consistent with patterns we have seen in litigation and investigation over the years. Using medication as a substitute for adequate staffing, attentive care, and individualized treatment is not only improper, it is dangerous. Antipsychotics are a chemical restraint.
Our Founder & Senior Partner, Steve Levin, was featured in international news discussing the dangers of both physical and chemical restraints in July 2025. Speaking with investigative journalist Jonathan Moens, Levin delivered a chilling reality:
“If you have a patient that’s difficult to watch, that might come out of bed, that might come out of a wheelchair, the simplest way from their point of view, is to restrain them.”
But the use of restraints, including antipsychotic medications, is not a safe solution. “We’ve had some horrific cases.” Levin said. His comments were featured in Undark Magazine, Expresso, elDiario, and L’Espresso. His insights are helping drive international discourse about the dangers of physical and chemical restraints in elder care.
Residents in long-term care facilities are entitled to dignity, transparency, and medically appropriate treatment. Anything less reflects a failure of a system that should protect them.
What Families Should Know
Families play a critical role in protecting their loved ones.
If a resident appears unusually sedated, withdrawn, or significantly different in behavior, it is important that families ask questions about any medications that have been prescribed or adjusted.
Clear communication and informed consent are essential components of proper care, and families have the right to both.
Legal Accountability for Improper Use of Antipsychotics
The dangers posed by chemical restraints, including antipsychotic medications, are real. If you believe your loved one has been subject to chemical restraints in violation of the law, you may be able to file a case for compensation in response to this illegal and negligent action.
Levin & Perconti has a track record of securing justice for patients injured or neglected in cases of nursing home abuse. Successful settlements and awards include a $4.1 million verdict after a woman received mismanaged medication, as well as the highest nursing home abuse result in Illinois history of $12 million.
Contact us today for a free consultation for more information about your possible legal options.
